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Can a DCA take assignment of a Debt & Data if no Default Issue by the original loan company?


lobo200
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Hi all,

 

If a DCA is assigned a debt from a company and notifies you that it has been assigned the debt and all data relating to it, if no Default Notice was issued by the original Creditor, what would my position be?

 

Thanks!

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Default notices are not compulsary. Not doubt the DCA will issue one. However the OC should have sent you a notice of assignment. Request a CCA from the DCA if it is for a card or loan. Send a £1 P.O. not a cheque and don't use your normal signature. Do not speak on the phone to them.

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  • 2 weeks later...

ok, does the default notice have to come from the original creditor or, assuming no default notice was sent by the creditor, can the DCA then issue one?

 

I have the CCA from the DCA but no letter of assignment from the original creditor, only a letter from the DCA stating they were assigned the debt.

 

Am looking for some advice as the DCA have now involved their solicitors and are threatening court action.

 

They have complied with the CCA request.

They have not complied with the SAR

No default issued. (Loan does not appear on any credit report either)

No letter of assignment from the original creditor.

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sounds very much like HFO ?

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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HFO? Ah no, it's Arrow Global that are pursuing.

 

Additionally, if a DCA can provide a copy of the CCA from the original creditor, is it assumed by the courts that they are the owners of the debt even if no copy of the letter of assignment FROM the creditor is provided?

 

Thanks!

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letter of assignment FROM the creditor is provided

this must be provided otherwise it is an abuse of the legal proccess.and your rights ...

go for it mate

patrickq1

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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